THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW IN ALBANIA

Abstract

International law has a significant impact on domestic law in the Republic of Albania as the country, being part of the legal family of civil law, has equated domestic law with other states that are part of this legal family. The Constitution of the Republic of Albania has defined the importance of international law and the relationship between international law and domestic law. The Republic of Albania applies international law binding on it. The application of international law determines the obligation of Albania to implement international customs and agreements, decisions of international courts, etc. The 1998 Constitution of the Republic of Albania has defined the importance, role, and implementation of international law.
The methods used in this research are the qualitative method, which is implemented through research, description, analysis, and comparison, and the quantitative method, which is accomplished by summarizing the data and grouping them. The combination of these methods has proved effective. This paper is based on doctrinal research for the collection of literature on the topics addressed in it. The area of research has covered the relations between Albania and the European Union, as well as relations between Albania and other international organizations such as the United Nations, the Council of Europe, the Organization for Security and Co-operation in Europe, and others. The sources used are both Albanian and other languages.
The Constitution recognizes the supremacy of the norms of classical international law over the country's laws that do not comply with it. It sets out the principle of direct implementation of a ratified international agreement, except when it is not self-enforceable, and its implementation requires the adoption of a law. According to the Constitution, The Constitutional Court of Albania decides on the law's compatibility with an international agreement. In that case, it has no jurisdiction over the implementation of the international agreement instead of a law that does not comply with it. This is within the jurisdiction and interpretation of regular courts. Concerning the accession to international organizations, the Constitution accepts the delegation of state competencies to international organizations for specific issues through the agreement of accession of the Republic of Albania. Consequently, with the will of the people expressed through its representatives, the transfer of state sovereignty is carried out, in part, for specific issues, through the delegation of state competencies. As a legal tool to enable the application of international law in our domestic law, all Constitutions adopted in the Republic of Albania since the first Constitution of 1950 and until the constitutional amendments of 2016 have been accepted and recognized the importance of international agreement.
Today all interstate relations are regulated through relevant international agreements. Nevertheless, political or financial crises recede the moment states cooperate with each other and the primary tool in establishing their mutual obligations and commitment is the international agreement. With the function that is recognized by the international agreement as an equalizer of law, it manages to unify the laws of a state and create stability in regional or even world affairs. The international agreement serves to establish obligations between the entities that sign it. The reasons for signing an agreement are various, whether to create stability and peace, end war between states, or even develop cooperation in various fields. As long as there is interconnectedness in the relations between states, the agreement will also serve as a bridge between them.